I like Sotomayor a little more now.
Listening to the oral arguments for the Prop 8 case I caught an interesting exchange where the proponent, Mr. Cooper, started to reiterate an earlier point where he said, “the marital norm, which imposes the obligations of fidelity and monogamy, Your Honor, advances the interests in responsible procreation.” Justice Sotomayor very quickly jumped on this when he returned to it, but Roberts deflected and they never came back to the subject.
Quoted from the transcript (pp. 26):
MR. COOPER: And Your Honor, again, the marital norm which imposes upon that couple the obligation of fidelity —
JUSTICE SOTOMAYOR: I’m sorry, where is this —
CHIEF JUSTICE ROBERTS: I’m sorry, maybe you can finish your answer to Justice Kagan.
IN THE SUPREME COURT OF THE UNITED STATES – – – – – – – – – – – – – – – – – x DENNIS HOLLINGSWORTH, ET AL., Petitioners v. KRISTIN M. PERRY, ET AL. : : : : No. 12-144